Tuesday 18th October 2022

(1 year, 6 months ago)

Commons Chamber
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Penny Mordaunt Portrait The Leader of the House of Commons (Penny Mordaunt)
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I beg to move,

That—

(1) this House notes the First Report from the Committee on Standards, on New Code of Conduct and Guide to the Rules: promoting appropriate values, attitudes and behaviours in Parliament (HC 227), and approves the recommendations relating to appeals and the Procedural Protocol in paragraphs 141–143, 151, 153, 155–157, 166 and 169 of that Report.

(2) this House approves the Second Report from the Committee on Standards on the Code of Conduct: Procedural Protocol (HC 378), and the Procedural Protocol in respect of the Code of Conduct annexed to that Report, with immediate effect, subject to the following amendments to the Protocol:

(a) In paragraph 6, leave out from “under the Code” to end;

(b) In paragraph 7, leave out “and the rules relating to upholding the Code (the numbered paragraphs in the Code of Conduct)”;

(c) In paragraph 16, leave out “, under rule 10 of the Code”;

(d) In paragraph 18, leave out “rule 11” and insert “paragraph 17”;

(e) In paragraph 22, leave out “rules 1 or 16 in the Code” and insert “paragraph 18 of the Code, or the provision in paragraph 21 of the Code that ‘Failure to comply with a sanction imposed by a subpanel of the Independent Expert Panel shall be treated as a breach of the Code’”;

(f) Leave out paragraph 32 and insert, “Paragraph 20 of the Code provides that ‘The Commissioner may investigate a specific matter relating to a Member’s adherence to the rules of conduct under the Code. Members shall cooperate, at all stages, with any such investigation by or under the authority of the House, and with the Committee on Standards and the Independent Expert Panel in any subsequent consideration of a case. Members must not lobby members of the Committee on Standards or the Independent Expert Panel; the Parliamentary Commissioner for Standards; or the staff of those bodies in a manner calculated or intended to influence their consideration of a breach or a sanction in an individual case.’”

(g) Leave out paragraph 62;

(h) In paragraph 83, leave out “rule 11” and insert “paragraph 17”;

(i) In paragraph 118, after “legal or medical adviser”, insert “; and/or d) a Member’s own staff”.

(j) Leave out paragraph 126 and insert, “Paragraph 20 of the Code provides that ‘The Commissioner may investigate a specific matter relating to a Member’s adherence to the rules of conduct under the Code. Members shall cooperate, at all stages, with any such investigation by or under the authority of the House, and with the Committee on Standards and the Independent Expert Panel in any subsequent consideration of a case. Members must not lobby members of the Committee on Standards or the Independent Expert Panel; the Parliamentary Commissioner for Standards; or the staff of those bodies in a manner calculated or intended to influence their consideration of a breach or a sanction in an individual case.’”

(3) Paragraph 20 of the Code of Conduct for Members (HC (2017-19) 1882) be amended to read as follows: “The Commissioner may investigate a specific matter relating to a Member’s adherence to the rules of conduct under the Code. Members shall cooperate, at all stages, with any such investigation by or under the authority of the House, and with the Committee on Standards and the Independent Expert Panel in any subsequent consideration of a case. Members must not lobby members of the Committee on Standards or the Independent Expert Panel; the Parliamentary Commissioner for Standards; or the staff of those bodies in a manner calculated or intended to influence their consideration of a breach or a sanction in an individual case.”

(4) the Committee on Standards shall have power to make any minor or purely administrative changes to the Procedural Protocol in respect of the Code of Conduct, including those necessary to reflect any future decisions of the House relating to the Code of Conduct and the Guide to the Rules relating to the Conduct of Members.

(5) Chapter 4 of the Guide to the Rules relating to the Conduct of Members (HC (2017-19) 1882) shall no longer have effect

(6) previous Resolutions of this House in relation to the conduct of Members shall be read and given effect in a way which is compatible with the Procedural Protocol in respect of the Code of Conduct.

Rosie Winterton Portrait Madam Deputy Speaker
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With this it will be convenient to discuss the following:

Motion 6 on Standing Orders etc. (Committee on Standards, Parliamentary Commissioner for Standards, Independent Expert Panel).

Amendment (a).

Amendment (b).

Penny Mordaunt Portrait Penny Mordaunt
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The House is being asked to consider the creation of an appeals process for non-Independent Complaints and Grievance Scheme cases to be heard by the Independent Expert Panel. The motion would introduce the formal appeals process that Sir Ernest Ryder recommended and proposes that the panel would hear appeals against the decisions and sanctions of the Committee on Standards. The motion also puts to the House the new procedural protocol, which would sit alongside the new appeals process.

I am grateful to the Committee on Standards for its work reviewing the code of conduct for Members and the overall operation of the standards system in the House of Commons. Since becoming Leader of the House, I have had some discussions with the Chair of the Committee, the hon. Member for Rhondda (Chris Bryant), who I look forward to hearing from today. I assure him and the House that the Government have carefully considered his Committee’s recommendations, alongside the procedural protocol and covering report.

I am sure that the whole House agrees that Members of Parliament must uphold the highest standards in public life and that the procedures we have in place must be fair, robust and command the respect and confidence both of Members and the wider public. I believe that today’s motion takes a positive step in the right direction.

There are other issues that are not covered in the motions today, and I plan to seek consensus on a wider package and to come back to the House in due course, but it is good to make progress on the issues as we can.

Before coming to the substance of today’s motion, I wish to briefly cover some areas in relation to the wider proposed package of changes from the Committee on Standards that we are not debating today. Let me be clear: I am very conscious that there is further progress to be made and the House should have the opportunity to consider the additional recommendations proposed by the Committee. I reassure the House and the Committee that we are seeking to identify solutions that can command cross-party support on those outstanding issues.

Specifically, the Committee made recommendations on measures to improve the transparency and timeliness of ministerial declarations. The Government are clear in their views that the rules regulating Members’ interests and ministerial interests are necessarily distinct, reflecting the underlying constitutional principle of the separation of powers. There are differences between the role of an MP and that of a Minister and, reflecting that, the rules differ on what interests are permitted and how potential conflicts of interest are managed. There are clear rules regarding the registration of interests and the receipt of gifts in the ministerial code and Ministers should, and do, take their responsibilities very seriously. Nevertheless, I recognise the concerns of the Committee. Since being appointed Leader of the House, I have raised those concerns and have instructed officials to bring forward proposals for an improved system.

I can confirm to the House that revised guidance on ministerial transparency data will be published in the coming weeks. We will also publish it on gov.uk for the first time. The guidance has been updated to more closely reflect modern working practices and Ministers’ obligations under the ministerial code.

It is important that the Government conduct ourselves openly. I will continue to work with the Cabinet Office and across Government to ensure that we are fulfilling our obligations. In doing so, I keep very much in mind the challenge set for me by the Chair of the Committee on Standards: that a Member who attends an event such as the BAFTAs should report in a particular way, so a Minister who attends the same event should report in a similar way and their interests should be transparent to the public. I hope that the House and the Committee will support these changes; I will happily engage with the Committee should they not have the desired effect. [Interruption.] For the benefit of Hansard, the Chair of the Committee chuckled knowingly.

The House will be aware that an appeals process is already in place within some aspects of the parliamentary standards system. Those who are subject to investigation under the Independent Complaints and Grievance Scheme have the right of appeal to the Independent Expert Panel, which is chaired by the former High Court judge Sir Stephen Irwin. The ICGS and the IEP have been an essential part of achieving positive culture change in the House and demonstrating its rigorous judicial process, its transparency of operation and the right to appeal.

The Government have therefore welcomed Sir Ernest Ryder’s report and his timely review of the Commons standards system and its compatibility with the principles of fairness and natural justice. As we set out in a letter to the Committee on Standards, the Government supported the majority of the proposals, including the introduction of a formal appeals process. We note that the Committee has accepted all the recommendations, with a few minor modifications. I welcome the proposal that appeals be heard by an independent body with judicial expertise. We also welcome Sir Ernest’s consideration of the grounds for appeal and the acceptance that the Independent Expert Panel is the appropriate body to hear appeals.

We propose two main amendments to the procedural protocol. First, we propose to amend paragraph 118 to allow MPs to inform their own staff in the event that they are subject to investigation by the Parliamentary Commissioner for Standards. Secondly, we propose to leave out paragraph 62 on Members recusing themselves if not present for all but a “small proportion” of evidence sessions. These amendments reflect the Government’s position, as set out in our response to the Committee; I hope that the House and the Committee will support them. The other proposed amendments are purely technical changes to ensure that the protocol works with the current version of the rules and guide.

I wish to speak briefly about amendments (a) and (b) in the name of the hon. Member for North East Fife (Wendy Chamberlain) and others. The amendments stipulate that

“no Member shall be eligible to participate in any division on such a motion where it relates to their own conduct.”

That stipulation would apply both to conduct motions related to breaches of the code of conduct and to motions related to the ICGS. This is, of course, a matter for the House to consider. I note that the Committee on Standards chose not to pursue the issue in detail as part of the inquiry.

I am aware that the Chair of the Procedure Committee, my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), has raised the issue of Members being permitted to vote on their own suspension. My predecessor wrote in response to her that there would be benefit in the Committee’s looking into whether such changes are needed. If necessary, they could be put to the House for consideration. Hon. Members will be aware that there is a convention that Members should not participate in such votes. In our parliamentary democracy, conventions guide how we work in this place, and codification of these norms should be carefully considered; I would therefore welcome it if the matter were considered by the appropriate Committee. Subject to its approval, the Government would be happy to bring the matter back to the Floor of the House for approval in due course.

If there is no objection from the Chair of the Committee on Standards or from other hon. Members present, I would certainly be content to support these amendments.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
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I see no reason why we should not simply put what is already a convention into, as it were, the statutes of the House—the Standing Orders. I support the motion and, looking around the Chamber and seeing other members of the Committee who are present, I think that they will as well. I think it would save us all a bit of time if we just got on with it and agreed to the amendments.

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Penny Mordaunt Portrait Penny Mordaunt
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I thank the right hon. Gentleman for that helpful intervention.

Karen Bradley Portrait Karen Bradley (Staffordshire Moorlands) (Con)
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May I add my view, as Chair of the Procedure Committee? I feel that the amendments are absolutely fine, and we should be happy to see them passed tonight.

Penny Mordaunt Portrait Penny Mordaunt
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I thank my right hon. Friend for her support for the amendments. We are hopefully saving ourselves some time, and efficiency is always great to see. It is important to point out, however, that if Members did object and wanted the Committee to look at this, they could oppose the amendments, which are obviously subject, potentially, to a vote tonight.

We support the work being undertaken to introduce measures to empower the standards system in Parliament, and I am committed to continuing conversations both within Government and with parliamentary colleagues to continue to introduce improvements proposed by the Committee on a cross-party basis. I assure the House that my door is always open and I am always willing to discuss these matters with all Members. I hope that the House will approve the proposed changes, and I commend them to the House.

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Penny Mordaunt Portrait Penny Mordaunt
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Once again, I thank the Committee on Standards and its pernickety Chair, the hon. Member for Rhondda (Chris Bryant)—we are very grateful to him for being so. As I set out when I opened the debate, we are here to endorse these grounds for appeal. It is the Government’s view that the change will bring welcome consistency to our procedures. I am grateful to all hon. Members for the many thoughtful contributions to today’s debate and for the amendments tabled by the hon. Member for North East Fife (Wendy Chamberlain).

I am keen to make progress on all these issues. This particular issue was something that we could do straightaway, and I thought it important to do so, but we will be looking at what more we can do. I mentioned the issue of ministerial declarations: whichever system, whether it is the one advocated by the Chair or the one that I am advocating, requires Whitehall to get its act together—bluntly. That is what I have been focused on and we have acted on that very swiftly.

Jamie Stone Portrait Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
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Further to the point made by the hon. Member for Rhondda (Chris Bryant), it might be helpful for all hon. Members to look at the way that the Scottish Parliament does things. Everything is out in the open. For the amusement of right hon. and hon. Members present, if they look back at my declaration of interests, they will see that it is down in black and white on paper that Mr Mohamed Al-Fayed gave me a side of smoked salmon valued at £30 and a book valued at £20—it is all still there to be seen today. I point out that no questions were asked on his behalf by me in the Scottish Parliament.

Penny Mordaunt Portrait Penny Mordaunt
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I am glad that the hon. Gentleman has clarified that there is nothing fishy about his declarations—[Interruption.] It is late.

Chris Bryant Portrait Chris Bryant
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I am not an unreasonable man when it comes to these issues. The key thing is getting transparency. I am more anxious about getting the rest of the Committee on Standards’ changes to the code of conduct in place; I would love us to be able to say that we will start the new code of conduct on 1 January next year. We will need to do some training and preparation for hon. Members so that they fully understand the new rules, but I hope that the Leader of the House will help us to get to that place.

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Penny Mordaunt Portrait Penny Mordaunt
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I shall certainly do so. There will be other issues that the House will wish to debate and discuss, and there will be areas on which we disagree—for example, we disagree on the issue of descriptors—but we must proceed on a consensus basis.

I would like to add that I think a lot of the issues we have grappled with in this place—whether about security and the integrity of our democracy, the wellbeing of Members of this House or Ministers, or safeguarding and behavioural issues—are not solely owned by the House, but cross over into political parties, as was mentioned, and the Government. Even the chairman of the party in government does not have access to security information in his own Department, the Cabinet Office, about a permissible donor, for example. In my tenure as Leader of the House, I am keen to find a forum in which we can bring together those constituent parts—party, Government and the House of Commons—to really tackle some of these issues, which are very difficult, even if we are doing really well, to grip in isolation. If we are striving for excellence, I think that is a requirement.

I again thank all Members for their contribution. The Government look forward to further debate on this matter to ensure that our standards system commands the confidence of both the public and Members of this House.

Question put and agreed to.

Standing Orders Etc. (Committee on Standards, Parliamentary Commissioner for Standards, Independent Export Panel)



Motion made, and Question proposed (Order, this day),

That—

(1) Standing Order No. 149 (Committee on Standards) be amended as follows:

At end, insert new paragraphs as follows:

“() The committee and any sub-committee shall have power to communicate its evidence and any other information in its possession to a sub-panel of the Independent Expert Panel in respect of a Code of Conduct case that has been appealed to the Panel.

() The Speaker shall put the questions necessary to dispose of proceedings on a motion to implement a sanction recommended by the Committee (or a sub-panel of the Independent Expert Panel where it recommends a sanction following an appeal) in respect of a Code of Conduct case forthwith; such a motion may be proceeded with until any hour, though opposed.”

(2) Standing Order No. 150 (Parliamentary Commissioner for Standards) be amended as follows:

(a) In sub-paragraph (4)(a), delete “, and the Member concerned has taken such action by way of rectification as the Commissioner may have required within any procedure approved by the Committee for this purpose”;

(b) In sub-paragraph (4)(b), delete “, if the Commissioner has with the agreement of the Member concerned referred the matter to the relevant Officer of the House for the purpose of securing appropriate financial reimbursement, and the Member has made such reimbursement within such period of time as the Commissioner considers reasonable.” and insert “;”;

(c) At end of paragraph (4), insert “(c) in any case relating to the rules for All-Party Parliamentary Groups if it is the Commissioner’s opinion that the breach involved is minor, or the failure was inadvertent—

where the Member concerned has, by agreement, taken such action by way of rectification as the Commissioner may have required.”; and

(d) Delete paragraphs (6)–(11).

(3) Standing Order No. 150A (Independent Expert Panel) be amended to read as follows:

(1) There shall be a Panel, to be known as the Independent Expert Panel, whose members shall be appointed by the House in accordance with Standing Order No. 150C (Appointment of Independent Expert Panel Members).

(2) The Panel shall consist of eight members, of whom a quorum shall be four.

(3) The functions of the Panel shall be—

(a) to determine the appropriate sanction in Independent Complainants and Grievance Scheme (ICGS) cases referred to it by the Parliamentary Commissioner on Standards;

(b) to hear appeals against the decisions of the Parliamentary Commissioner for Standards in respect of ICGS cases involving Members of this House;

(c) to hear appeals against a sanction imposed under paragraph (a);

(d) to report from time to time, through the Clerk of the House, on the operation of the ICGS as it relates to Members of this House;

(e) To hear appeals against the decisions of the Committee on Standards under Standing Order No. 149(1)(b) in relation to individual cases under the Code of Conduct;

(f) To consider any case of non-compliance by a Member of this House with a sanction imposed under sub-paragraph (a) or any other recommendation made in a report by a sub-panel in relation to an ICGS case; and to determine the appropriate sanction.

(4) The Panel may elect its own Chair.

(5) The responsibilities of the Chair shall include—

(a) ensuring that the Panel and its sub-panels comply with the provisions of the relevant resolutions and standing orders of this House, and with the Procedural Protocol for Code of Conduct cases;

(b) the appointment of sub-panels to consider individual cases;

(c) co-ordinating the work of the Panel with that of the Parliamentary Commissioner for Standards in relation to ICGS cases and the Committee on Standards in relation to Code of Conduct cases;

(d) referring any report from a sub-panel which determines, or confirms on appeal, a sanction that can only be imposed by the House, and any other report from a sub-panel that the Chair considers should be published, to the Clerk of the House who shall lay it upon the Table of the House;

(e) informing the parties concerned of the outcome of any other ICGS case reported to the Chair by a sub-panel, and ensuring compliance as appropriate with sanctions determined or recommendations made by a sub-panel;

(f) establishing the procedure for an appeal against the findings or determination of a sub-panel in cases referred under (3)(a) above;

(g) ensuring publication of an Annual Report on the functioning of the Panel and its sub-panels by referring the report to the Clerk of the House for laying on the Table.

(6) The Panel and any sub-panel shall have power—

(a) to sit notwithstanding any adjournment of the House;

(b) to order the attendance of any Member before it and to require that specific documents or records in the possession of a Member relating to its inquiries, or to the inquiries of the Commissioner, be laid before it;

(c) to appoint legal advisers, and to appoint specialist advisers either to supply information which is not readily available or to elucidate matters of complexity within the Panel’s order of reference.

(4) Standing Order No. 150B (Independent Expert Panel: Sub-panels) be amended to read as follows:

(1) Cases referred to the Independent Expert Panel under Standing Order No. 150A (Independent Expert Panel) shall be considered by a sub-panel appointed under paragraph (5)(b) of that order.

(2) A sub-panel shall consist of three members of the Panel and shall have a quorum of three.

(3) Sub-panels shall sit in private.

(4) A sub-panel may request the Parliamentary Commissioner for Standards to conduct further investigations in respect of an ICGS case referred to it and may specify the matters to be covered in that investigation.

(5) In respect of a Code of Conduct case a sub-panel may request that the Committee on Standards or the Parliamentary Commissioner for Standards share specific documents or records in their possession relating to the sub-panel’s inquiries.

(6) In respect of each case referred to it, a sub-panel shall make a report of its findings to the Chair of the Panel.

(7) Where an appeal is made against a finding or determination of a sanction by a sub-panel in an ICGS case, a new sub-panel shall be established to hear that appeal. No member shall be eligible to hear an appeal against the decision of a sub-panel on which they have served.

(5) Standing Order No. 150E (IEP recommendations for sanctions and the Recall of MPs Act 2015) be amended as follows:

In paragraph (2), after “Order” insert, “in relation to an ICGS case, or where a sub-panel has determined a sanction different to that recommended by the Committee on Standards in a Code of Conduct case,”.—(Penny Mordaunt.)

Amendments made: (a), at the end of paragraph (1) relating to Standing Order No 149, insert:

“; and no Member shall be eligible to participate in any division on such a motion where it relates to their own conduct.”—(Wendy Chamberlain.)

Amendment (b), at the end of paragraph (4) relating to Standing Order 150B, insert new paragraph

“(4A) Standing Order No. 150D (Motions consequent on the ICGS) be amended as follows:

At end, add ‘(5) No Member shall be eligible to participate in any division on such a motion where it relates to their own conduct.’”—(Wendy Chamberlain.)

Main Question, as amended, put and agreed to.

Resolved,

That—

(1) Standing Order No. 149 (Committee on Standards) be amended as follows:

At end, insert new paragraphs as follows:

“() The committee and any sub-committee shall have power to communicate its evidence and any other information in its possession to a sub-panel of the Independent Expert Panel in respect of a Code of Conduct case that has been appealed to the Panel.

() The Speaker shall put the questions necessary to dispose of proceedings on a motion to implement a sanction recommended by the Committee (or a sub-panel of the Independent Expert Panel where it recommends a sanction following an appeal) in respect of a Code of Conduct case forthwith; such a motion may be proceeded with until any hour, though opposed; and no Member shall be eligible to participate in any division on such a motion where it relates to their own conduct.”

(2) Standing Order No. 150 (Parliamentary Commissioner for Standards) be amended as follows:

(a) In sub-paragraph (4)(a), delete “, and the Member concerned has taken such action by way of rectification as the Commissioner may have required within any procedure approved by the Committee for this purpose”;

(b) In sub-paragraph (4)(b), delete “, if the Commissioner has with the agreement of the Member concerned referred the matter to the relevant Officer of the House for the purpose of securing appropriate financial reimbursement, and the Member has made such reimbursement within such period of time as the Commissioner considers reasonable.” and insert “;”;

(c) At end of paragraph (4), insert “(c) in any case relating to the rules for All-Party Parliamentary Groups if it is the Commissioner’s opinion that the breach involved is minor, or the failure was inadvertent—

where the Member concerned has, by agreement, taken such action by way of rectification as the Commissioner may have required.”; and

(d) Delete paragraphs (6)–(11).

(3) Standing Order No. 150A (Independent Expert Panel) be amended to read as follows:

(1) There shall be a Panel, to be known as the Independent Expert Panel, whose members shall be appointed by the House in accordance with Standing Order No. 150C (Appointment of Independent Expert Panel Members).

(2) The Panel shall consist of eight members, of whom a quorum shall be four.

(3) The functions of the Panel shall be—

(a) to determine the appropriate sanction in Independent Complainants and Grievance Scheme (ICGS) cases referred to it by the Parliamentary Commissioner on Standards;

(b) to hear appeals against the decisions of the Parliamentary Commissioner for Standards in respect of ICGS cases involving Members of this House;

(c) to hear appeals against a sanction imposed under paragraph (a);

(d) to report from time to time, through the Clerk of the House, on the operation of the ICGS as it relates to Members of this House;

(e) To hear appeals against the decisions of the Committee on Standards under Standing Order No. 149(1)(b) in relation to individual cases under the Code of Conduct;

(f) To consider any case of non-compliance by a Member of this House with a sanction imposed under sub-paragraph (a) or any other recommendation made in a report by a sub-panel in relation to an ICGS case; and to determine the appropriate sanction.

(4) The Panel may elect its own Chair.

(5) The responsibilities of the Chair shall include—

(a) ensuring that the Panel and its sub-panels comply with the provisions of the relevant resolutions and standing orders of this House, and with the Procedural Protocol for Code of Conduct cases;

(b) the appointment of sub-panels to consider individual cases;

(c) co-ordinating the work of the Panel with that of the Parliamentary Commissioner for Standards in relation to ICGS cases and the Committee on Standards in relation to Code of Conduct cases;

(d) referring any report from a sub-panel which determines, or confirms on appeal, a sanction that can only be imposed by the House, and any other report from a sub-panel that the Chair considers should be published, to the Clerk of the House who shall lay it upon the Table of the House;

(e) informing the parties concerned of the outcome of any other ICGS case reported to the Chair by a sub-panel, and ensuring compliance as appropriate with sanctions determined or recommendations made by a sub-panel;

(f) establishing the procedure for an appeal against the findings or determination of a sub-panel in cases referred under (3)(a) above;

(g) ensuring publication of an Annual Report on the functioning of the Panel and its sub-panels by referring the report to the Clerk of the House for laying on the Table.

(6) The Panel and any sub-panel shall have power—

(a) to sit notwithstanding any adjournment of the House;

(b) to order the attendance of any Member before it and to require that specific documents or records in the possession of a Member relating to its inquiries, or to the inquiries of the Commissioner, be laid before it;

(c) to appoint legal advisers, and to appoint specialist advisers either to supply information which is not readily available or to elucidate matters of complexity within the Panel’s order of reference.

(4) Standing Order No. 150B (Independent Expert Panel: Sub-panels) be amended to read as follows:

(1) Cases referred to the Independent Expert Panel under Standing Order No. 150A (Independent Expert Panel) shall be considered by a sub-panel appointed under paragraph (5)(b) of that order.

(2) A sub-panel shall consist of three members of the Panel and shall have a quorum of three.

(3) Sub-panels shall sit in private.

(4) A sub-panel may request the Parliamentary Commissioner for Standards to conduct further investigations in respect of an ICGS case referred to it and may specify the matters to be covered in that investigation.

(5) Standing Order No. 150D (Motions consequent on the ICGS) be amended as follows:

At end, add ‘(5) No Member shall be eligible to participate in any division on such a motion where it relates to their own conduct.’

(6) In respect of a Code of Conduct case a sub-panel may request that the Committee on Standards or the Parliamentary Commissioner for Standards share specific documents or records in their possession relating to the sub-panel’s inquiries.

(7) In respect of each case referred to it, a sub-panel shall make a report of its findings to the Chair of the Panel.

(8) Where an appeal is made against a finding or determination of a sanction by a sub-panel in an ICGS case, a new sub-panel shall be established to hear that appeal. No member shall be eligible to hear an appeal against the decision of a sub-panel on which they have served.

(5) Standing Order No. 150E (IEP recommendations for sanctions and the Recall of MPs Act 2015) be amended as follows:

In paragraph (2), after “Order” insert, “in relation to an ICGS case, or where a sub-panel has determined a sanction different to that recommended by the Committee on Standards in a Code of Conduct case,”.